United States v. Jose Guadalupe Singleterry and Juan Antonio Singleterry, United States of America v. Juan Antonio Singleterry

REAVLEY, Circuit Judge:

In a prior appeal, we reversed the convictions of brothers Juan and Jose Singleterry because the prosecutor improperly and repeatedly alluded to Juan’s prior conviction while cross-examining Jose. United States v. Singleterry (“Singleterry I”), 646 F.2d 1014 (5th Cir. 1981). On remand, Juan and Jose filed a plea in bar, arguing that a new trial was barred by the constitutional prohibition against double jeopardy. The district court overruled their plea, and the brothers filed this pretrial appeal pursuant to 28 U.S.C. § 1291. See Abney v. United States, 431 U.S. 651, 97…